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I 



:xx>ooooooooocooooocoooooocooocc 

THE 



SEPARATE OR "JIM CROW" 



CAR LAWS 



UEGISLATtVE ENACTMENTS 



FOURTEEN SOUTHERN STATES 



togctheh with the RsroRT and orijer or the interstate com- 

MEItCE COMMISSION TO SaGHEGATE NEaRD OB 'cOtORED'* 
PASSENGERS ON HAIUROAO TRAINS ANO IN 

RAtUROAO siJirmNs. 



)Y R. H BOyD. D. D., LL. O, 






FIRST EDITION 



PRICE* 2S CENTS 



J85.8 



PUBLISHEI? ©Y 

NATIONAL BAPTIST PUBLtS«ING BOAf!D 

NASHVILLE, TENN. 



OCOOOOCXKICOOOOOOCXXJOOOO' 



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THE 



SEPARATE OR "JIM CROW" 



CAR LAWS 



Legislative Enactments 



FOURTEEN SOUTHERN STATES 



TOGETHER WITH THE REPORT AND ORDER OP THE INTERSTATE COM- 
MERCE COMMISSION TO SBOREOATB NBORO OR "COLORED" 
PASSENOBRS ON RAILROAD TRAINS AND IN 
RAILROAD STATIONS. 



BY R. H. Boyd. D. D.. LL. D. 



IN COMPUIANCC WITH A RCSOUUTION OF THE NATIONAU BAPTIST 
CONVENTION, SCPTCMBER 1», IttOS. AT I.CXINOTON. KV. 






NATION AC «A'P^iaT'.PTi»\-^^V^^ ^OV«V, 



COPYBIGHTED BY 

R. H. Boyd, 

NASHVIIiliM, TBNN. 
1909. 

128312 



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CONTENTS. 



Page. 

Alal}ama 7, 8 

Arkansas 9-13^ 

Florida 14, 15 

Georgia 16, 17 

Kentucky 18-21 

Louisiana 22-27 

Maryland 28-31 

Mississippi 32-34 

North Carolina 35-37 

Oklahoma 38-42 

South Carolina 43-45 

Tennessee 46-49 

Texas 50-54 

Virginia 55-57 

Report and Order of Interstate Commerce Commis- 
sion 58-62 



k^^ 



INTRODUCTION. 



The purpose of this little book is to be a constant com- 
jjanion in the pocket or hand of every self-respecting, law- 
alidiug Negro who is compelled to travel by rail in any of 
t:he fourteen states of the Union that have passed separate or 
* *jim crow" car laws for the purpose of humiliating and de- 
grading the Negro race in the eye of all the civilized world. 
It may be surprising to the reader if he or she will peruse 
a,nd study ciirefully these so-called "jim crow" laws or leg- 
islative enactments to learn that according to the letter of 
"the law there is no "jim crowism" in these laws if proper- 
ly and justly enforced or executed. One of the peculiar fea- 
"tures of these enactments is that they have a sameness in 
each state and if they were properly enforced or executed 
"by the courts, or obeyed by the railroad companies, they 
^'ould truly promote the comfort in travel of all colored 
passengers, for each one of these legislative enactments re- 
cjuires the railroad companies to furnish separate but equal 
<iccommodations. Every accommodation on coaches or in 
>Yaiting-rooms that is provided for white passengers is re- 
cjuired by these enactments to be furnished to colored or 
ISegro passengers paying the same fare. When the com- 
piler of this book was appointed by the Program Committee 
of the National Baptist Convention in 1908 to discuss these 
legislative enactments, and when he spoke before that body 
denying that the law contemplated any discrimination be- 
tween white and colored passengers, it was surprising and 
liard for the most intelligent members of that convention to 
iDelieve him to be speaking truthfully. But when he pro- 
duced a number of these legislative enactments in typewrit- 
ten form, and read and exhibit them, it was voted unani- 
mously that he would put them in book form, carefully in- 
dexed, that Negro passengers would have an opportunity to 
read and understand these laws, — first, obey them, 
and see to it that the railroad companies give them, 
the accommodation required by tii%»e \wn^. ^\^^ ^-Kss^fcX^ 
that nxea a penalty for the l^egro ^\i^i T^\\>a«s. \fi '^'^^^ 
with the law fixes the same penaXty lox ^>qNX» '^"^'^ ^ 



C INTRODUCTION. 

who violate in the same manner and a larger penalty on tht 
railroad company, conductor, or agent, who neglects, omitB, 
or refuses to furnish these equal accommodations to Ne- 
gro passengers. It is therefore, the imperative duty of ef- 
ery Negro to familiarize hlmlself with the legislatiYB 
enactments of the fourteen states and when traveling 
in any state strictly obey every requirement, and if tlte 
agent, conductor, receiver, or company, fails, neglects, « 
refuses to comply with these laws, complain to a court d 
competent jurisdiction and have them enforced. If the 
traveler is an interstate passenger, complain to the Interstate 
Commerce Commission or to the United States Courts; ii 
a state passenger, complain to the state commission or 
the state or county courts. When this is done and the case 
is placed in the hands of competent lawyers the inhuman 
treatment that Negro passengers are now subjected to will 
be a thing of the past 

I also give in this little volume the report of the Inter 
state Commerce Commission in the case of Mrs. Georgii 
Edwards, of Chattanooga, Tenn., against the Nashville) 
Chattanooga & St. Louis Railway Company. It will 
seen by this order: 

1. Carriers may not discriminate between white and colored paE 

gers paying the same fare In ttie accommodations which thQ] 
furnish to each. 

2. Segregation of white and colored passengers on interstate Joiff 



neys is a reasonable regulation of interstate traffic and permli 
■)1< ' ' . . ■ 

class coaches devoted to the usp of white passengers and a 



sible under the act to regulate commerce. 
3. Where a carrier provides mclllties for personal cleanliness in flnl 



arate smoking compartment for the use of such passengei 
also, similar accommodations should be provided for color« 
passengers paying flrst-class fare. 

That whatever accommodation or comfort is fumishi 
white passengers must be furnished colored passengers 
demanded. If white passengers are furnished smokin 
departments, wash-basins, towels, combs and water, coloi 
passengers must be furnished the same. If white passei 
gers are furnished meals at stations or in dining cars, oc 
ored passengers must be supplied with the same servii 
upon the same terms and at the same prices. I take it th 
the same is true concerning changing, where through ca 
are used for white passengers, whether reclining-chair cai 
Pullman or palace cars — anything short of this woul 
be a discrimination in law and would thereby render U 

statutes of legislative enactments unconstitutional, nu 

And void and hence no law. 



SEPARATE OR ^^IM CROW^^ 

CAR LAWS- 



ALABAMA. 



CODE OF THE STATE OF ALABAMA. 
1907, Vol. 2. 

ART. 11. REGULATIONS AFFECTING THE 
CONVENIENCE OF PASSENGERS. 

Section 5487. (3454) Separate Coaches for 
Whites and Blacks. — All raUroaxls carrying pas- 
sengers in this state, other than street railroads, 
shall provide equal but separate accommodations 
for the white and colored races, by providing two 
or more passenger cars for each passenger train, 
or by dividing the passenger cars by partitions, so 
as to secure separate accommodations. 

(Feb. 6, 1891, p. 412, Sec. 1.) 

5488. (3455) Conductor must assign each 
passenger a seat in the car designated for his 
color. — The conductor of each passenger train is 
authorized and required to assign each passenger 
to the car, or the division of the car, when it is 
divided by a partition, designated for the race 
to which such passenger belongs ; and if any pas- 
senger refuses to occupy the car, or the division 
of the car, to which he is aaa\«;tv^ Vyj \iw^ ^"^^V 
ductor, such conductor may Te&v3L'&^ \*c^ ^'^rrj ^^ 
passenger on the train, and Iot ^xxOcs. "^"^^f^ 



8 ''JIM CROW*' GAB LAWS. 

neither the conductor nor the railroad compa 
shall be liable in damages. But this section si: 
not apply to cases of white or colored paasieng 
entering this state upon railroads under c< 
tracts for their transportation made in anotl 
state where like laws to this do not prevail. 
(Feb. 6, 1891, P. 412, Sec. 2.) 

VOL. Ill, p. 885, Sec. 7684. (5377.) 

7684. (5377) Passenger on railroad ridi 
in coach not designated for his color. — Any p 
son who, contrary to the provisions of the stat 
providing for equal and separate accommodati( 
for the white and Negro races on railroad p 
senger trains, rides, or attempts to ride,inacoa 
or a division of a coiach, designated for the r; 
to which he does not belong, must, on convicti 
be fined not more than one hundred dollars. 

(Feb., 1891, p. 412, Sec. 3.) 



ARKANSAS- 



ACTS OF THE STATE OF ARKANSAS, 1891, 
Page 15. 

VOL. 1. 

Article XVIL 

An Act to Promote the Comfort of Passengers on 
Railways and Other Purposes. 

Be it enacted by the General Assembly of the 

State of Arkansas: 

Section 1. That all railway companies carry- 
ing passengers in their coaches in this State shall 
provide equal but separate and sufficient accom- 
modations for the white and African races, by 
providing two or more passenger coaches for each 
passenger train. Provided, That on 'all lines of 
railway lesis then twentv-five miles long, passen- 
ger coaches may be divided bv a partition so as 
to secure separate accommodations, and they shall 
also provide separate waiting-rooms of equal and 
sufficient accommodation for the two races at all 
their passenger depots in this State. Provided, 
That this section shall not be construed to apply 
to street railroads. No person or persons shall 
be permitted to occupy seatsi in coac\ve^ q>x ycv^-^^^^ 
ing-rooms other than the oxves* ^^\«c^^ *"^ *<^s>s52k 
on account of the race to vj\ac)pL \)csks ^^^^'^ 



10 THE SEPARATE OR 

Sec. 2. That the officers of such passenj 
trains and the agentsi at such depots shall 
power and are hereby required to assign 
passenger or person to the coach or compa: 
or room used for the race to which such 
ger or person belongs. Any passenger or pe: 
insisting on. going into a coach or compartment 
room to which by race he does not belong, s 
be liable to a fine of not less than ten dollars 
more than two hundred dollars, and any officd 
of any railroad company assigning a passenger 
or person to a coach or compartment or room 
other than the one set aside for the race to which 
said passenger or person belongs, shall be liabte 
to a fine of twenty-five dollars; and should any 
pas-sienger refuse to occupy the coach or compart- 
ment or room to which he or she is assigned by 
the officer of such railway company, said oflacer 
shall have power to refuse to carry such passenger 
on his train, and thiat should any passenger, or 
any other person not a passenger, for the purpose 
of occupying or waiting in such sitting or wait- 
room not assigned to his or her race, enter said 
room, said agent shall have the power and it is 
hereby made his duty to eject such person from 
such room, and for such acts neither they nor the 
railway company which they represent shall be 
liable for damages in any courts of this State. 

Sec. 3. That all railway companies that shall re- 
fuse or neglect to comply with the provisions and 
requirements of this act, shall be deemed guilty of 
a misdemeanor, and shall, upon conviction before 
any court of competent jurisdiction, be fined not 
les's than one hundred dollars nor more than five 
hundr^ dollars, and every day that such railway 
company shall fail to comply with the provisions 
of this act, and every train tvxiv Vxv NvSSa,- 



''JIM CROW'* CAR LAWS. 11 

tion of the provisions hereof, shall be a 
separate offense, and any conductor or oth- 
er employees of such passenger train hav- 
ing charge of the same, or any agent at such 
depot who shall refuse or neglect to carry out the 
provisions of this act, shall, on conviction, be fined 
not less than twenty-five dollars nor more than 
fifty dollars for each offense. All railroad corpor- 
ations carrying passengers in this State, other 
than street railroads, shall keep this law posted 
up in a conspicuous place in each passenger coach 
and waiting-room. Provided, That officers accom- 
panying prisoners may be assigned to the coach or 
room to which said prisoners belong by reason of 
race. 

Sec. 4. Persons in whom there is a visible and 
distinct admixture of African blood shall, for the 
purposes of this act, be deemed to belong to the 
African race; all others shall be deemed to belong 
to the white race, etc. 

ACT CXIV. 1893. ACT OF ARKANSAS 2. 

Article 100. 
An Act to Amend Section 1 of an Act to Promote 

the Comfort of Passengers on Railways and for 

Other Purposes. Approved Feb. 23, 1901. 
Be it Enacted by the General Assembly of the 

State of Arkansas: 

Section 1. That section one (1) of an act en- 
titled "An Act to promote the comfort of passen- 
gers on railway trains and for other purposes,'' 
approved February 23rd, 1891, be so amended as 
to read as follows, viz. : 

"Sec. 2. That all railway com-^oates* <^t^- 
in£r passengers in this State ^\v«J\ ^xojvfv^^ ^^^s^ 
but separate and sufficient accoTv\xcv«A«w\I\ox«. Vst ^x 



12 THE SEPARATE OR 

white and African races by providing two or mor« 
passenger coaches for each passenger train; pro- 
vided, that each railway company carrying pas- 
sengers in this State may carry one partitioned 
car, one end of which may be used by white pas- 
sengers and the other end by passengers of tk 
African race, said partition to be made of woodj 
and they shall also provide separate waiting room 
of equal and sufficient accommodation for the two 
races at all their passenger depots in this State 
provided, that this section shall not apply to street 
railroads ; and provided further, that in the event 
of the disabling of a passenger coach, or coaches 
by accident or otherwise said company shall be re- 
lieved from the operation of this act until its train 
reaches a point at which it has additional coaches. 
No person or persons shall be permitted to occupy 
seats in coaches or waiting rooms other than the 
ones assigned to them on account 'of the race to 
which they belong; provided, that officers in 
charge of prisoners of different races may be as- 
signed with their prisoners to coaches where they 
will least interfere with the comfort of other pas- 
sengers ; provided further, that it shall not apply 
to employees of a train in the discharge of their 
duties, nor shall it be construed to apply to such 
freight trains as carry passengers; provided, that 
carriers may haul sleeping or chair cars for the 
exclusive use of either the white or African race 
separately, but not jointly; provided further, that 
on all lines of railway less than thirty miles long 
passenger coaches may be divided by partition/' 
Sec. 3. That all acts and parts of acts inconsis- 
tent with the provisions of this act be and the 
same are hereby repealed, and this act shall take 
effect and he in force from and after its passage. 
Approved April 1, 1893. 



**JIM CROW'* CAR LAWS. IS 

:ATUTE of ARKANSAS. MANSFIELD. 

Ch. 18th, Civil Rights. See. 521. 

action 521. It shall be unlawful for any per- 
or persons owning, managing, operating, run- 
r or representing as agent for any railroad, 
mboat, stage-coach or any other conveyance 
•ated, managed or run in the public transporta- 
or conveyance of persons or property 
this state to refuse or neglect to pro- 
j for and to furnish any person or per- 
j applying for the same with the same 
)mmodations as they furnish other per- 
\ by such person or persons owning, managing, 
rating, running or representing as agent, for- 
railroad, steamboat, stage-coach or any other 
.reyance managed or run in the public trans- 
ition of persons or property in this state, upon 
person applying for such accommodations, 
ing or tendering to said person or per- 
j owning, managing, operating, running 
representing as agent for any railroad, 
mboat, stage-coach or any other conveyance 
rated, managed or run in public transportation 
onveyance of persons- or property in this state 
im of money equal to the amount charged and 
tally paid for like or similar accommodations 
my otiier person. 

ec. 522. Any person or persons who shall vio- 
any of the provisions of the preceding section 
1 be deemed guilty of a misdemeanor, and 
Q conviction thereof shall be fined for each of- 
je in any sum not less than two hundred nor 
•e than one thousand dollars, or by confinement 
he common jail of the county for not less than 
ie nor more than twelve moiv\3£va», ^x\i<^*Ccs.^^*<x>fc 
retjon of the court. 



FLORIDA- 



GENERAL STATUTES OF THE STATE 01 

FLORIDA— 1906. 

Ch. 2. Duties to Passengers and to Frei^ 

Page 1119, Sec. 2860. (2268.) 

Ch. 3743, Acts 1887, Sec. land 2. 
• 2860. (2268.) First-class Tickets and 
commodations for Negro Persons. — ^AU railroi 
companies doing business in this State shall 
to all respectable Negro persons first-class ticta 
on application, at the same rates that white 
sons are charged, and shall furnish and set api 
for the use of such Negro persons who purchi 
such first-class tickets a car or cars in each pa 
senger train, as may be necessary, equally as goc 
and provided with the same facility for conrfoi 
as shall or may be provided for whites using an 
traveling as passengers on first-class tickets, 
conductor or person in charge of any passeng 
train on any railroad shall suffer or permit 
white person to ride, sit or travel, or do any 
or thing to insult or annoy any Negro person wh 
sitting, riding and traveling in said car so 
apart for the use of Negro persons, nor shall 
or they, while in charge of such train, suffer 
permit any Negro person, nor shall such person 
terxipt to ride, sit or travel in the car or cars ^ 
apart for the use of the white persona traveld 
as first-class passengers; but l^xtvaX'^ q^cJ^sJ 

('4) 



"JIM CROW'' CAR LAWS. 15 

rses, having the care of children or sick per- 
is may ride and travel in such cars. 

ITICLE 7.— CONCERNING RAILROADS, 
STEAMBOATS, COMMON CARRIERS 
AND TELEGRAPHS. 

Ch. 1987, Sec. 10, Acts 1874. 

J631. (2685.) Conductors, etc., Violating 
gulations. — Every conductor, engineer or oth- 
person, having charge of the running of any 
lin of passenger cars, who wilfully or know- 
rly violates any of the provisions of law re- 
ing to the operation of trains, or their duties 
relation to passengers, or in regard to the re- 
pt, transportation and delivery of freight, 
ill, except as otherwise provided by law, be 
nished by imprisonment not exceeding one 
ir, or by fine nor exceeding one thousand dol- 



Ch. 3743, Sec. 3, 4, Acts 1887. 

3632. (2686.) Not Providing Separate Cars 
• White and, Negro Persons. — If any railroad 
npany or any conductor or other employee 
;reof, or any person whatever, shall violate the 
^visions relating to the accommodations of 
ite or Negro passengers, he or they shall be 
nished by a fine not exceeding five hundred 
liars. 

[f any railroad company shall fail to comply 
th said provisions of law the punishment here- 
prescribed may be inflicted upon the preai- 
it, receiver, general maxva^eT ox ^xxi^^tvs^^rs^^- 
thereof, or upon each and ev«^ oxv^ ^"^ Kicv<52«>L- 



GEORGIA. 



SEPARATE COACH LAW OF THE STATE ( 

GEORGIA. (VOL. 2, 1895.) 

Acts 1870, pp. 427, 428, Sec. 2269. 

Section 2268. (3035.) Railroads Must Aceoi 
modate all alike. The different railroads in fl 
State, acting as public carriers, are required 
furnish equal accommodations to all, without i 
gard to race, color, or previous condition. Ai 
railroad in this State violating the conditions 
this section, by any of its employees, may be si 
in the superior court of the county where the 
fense is committed, and any person so wrong 
may recover such sum as the discretion of \ 
court thinks right and proper in the premises, 
to exceed ten thousand dollars. 

Acts 1890-1, p. 157, Sec. 2188. 

Sec. 2269. Equal Accommodations in Sef 
rate Cars. All railroads doing business in t 
State shall furnish equal accommodations, in 
arate cars, or compartments of cars, for wh 
and colored passengers ; but this section shall 
apply to sleeping-cars. 

Sec. 2270. Mvst Assign Passengers ta Ttu 
Car. All conductors or other employees in chai 
of such cars shall be required to acaal^a all pa 
senders to their respective c^r^, ox cQitcs^^^\:p^ 

(i6) 



"JIM CROW" CAR LAWS. 17 

of cars, provided by the said companies under 
the provisions of the preceding section; and all 
conductors of dummy, electric and street cars, 
shall be required, and are hereby empowered, to 
assign all passengers to seats on the cars under 
their charge, so as to separate the white and col- 
ored races as much as practicable; and all con- 
ductors and other employees of railroads, and all 
conductors of dummy, electric and street cars 
shall have, and are hereby invested with, police 
powers to carry out said provisions. 

Sec. 2271. Penalty for Remaining in Car. Any 
passenger remaining in any car or compartment 
or seat, other than that to which he may have 
been assigned, shall be guilty of a misdemeanor. 
The conductor and any and all employees on such 
cars are clothed with power to eject from the 
train or car any passenger who refuses to remain 
in such car or compartment or seat as may be as- 
signed to him. 

Sec. 2272. Where Car Is Divided into Compart- 
ments. When a railroad car is divided into com- 
partments, the space set apart or provided for 
white and colored passengers, respectively, may 
be proportioned according to the portions of 
usual and ordinary travel by each on the road or 
line on which said cars are used. 

Sec. 2273. White and Colored Passeng\ers to 
Occupy Different Cars. Officers or employees 
having charge of such railroads shall not allow 
white and colored passengers to occupy the same 
car or compartment; and for a violation of this 
section, any such officer or employee shall be 
guilty of a misdemeanor. 

Sec. 2274. Not Applicable to 't<lut%e^.— ^n:^^ 
these provisions shall not app\^ ^ xociX'^^^ ^ 
servants in attendance upoiv \Yvevc ^xcc^^-^^^- 



KENTUCKY^ 



SEPARATE COACH LAW OF THE STATE OF 
KENTUCKY. ACTS OP^ 1891-92.93w 

(P. 63, Ch. 40.) 

AN ACT TO REGULATE THE TRAVEL QR 

TRANSPORTATION OF WHITE AND 

COLORED PASSENGERS ON THE 

RAILROADS OF THIS STATE. 

Railroad Companies to Furnish Separate Coach- 
es for White and Colored Passengers. 

Be it enacted by the General Assembly of Com- 
monwealth of Kentucky: 

Section 1. Any railroad company or corporation, 
person or persons, running or otherwise oper- 
ating railroad cars or coaches by steam or other- 
wise, on any railroad line or track within this 
State, and all railroad companies, person or per- 
sons, doing business in this State, whether upon 
lines of railroad owned in part or whole, or 
leased by them; and all railroad companies, per- 
son or persons, operating railroad lines that may 
hereafter be built under existing charter, or 
chsrters that may hereafter be graxAM m this 
State; and all foreign corporatioiva, e«tw^rai^Ra,^ 
'8 J 



"JIM CROW" CAB LAWS. 19 

person or persons, organized under charters 
granted, or that may be hereafter granted, by 
another State, who may be now, or may hereafter 
be, engaged in running or operating any of the 
railroads of this State, either in part or whole, 
either in their own name or that of others, are 
hereby required to furnish separate coaches or 
cars for the travel or transportation of the white 
and colored passengers on their respective lines 
of railroad. Each compartment of a coach di- 
vided by good and substantial wooden partition, 
with a door therein, shall be deemed a separate 
coach, within the meaning of this act, and each 
separate coach or compartment shall bear in 
some conspicuous place appropriate words in 
plain letters indicating the race for which it is 
set apart. 

No Discrimination in Coaches, etc. 

Sec. 2. That the railroad companies, person 
or persons, shall make no difference or discrimi- 
nation in the quality, convenience or accommoda- 
tion in the cars or coaches or partitions set apart 
for white and colored passengers. 

Penalties. 

Sec. 3. That any railroad company or com- 
panies that shall fail, refuse or neglect to com- 
ply with the provisions of sections one and two of 
this act, shall be deemed guilty of a misdemeanor, 
and, upon indictment and conviction thereof, 
shall be fined not less than five Ivwwit^xsss^ xms^^ 
than one thousand five YvutvOlt^ d^sJ^'ax^ \^x ^a»iSic 
(Mense. 



20 THE SEPARATE OR 

Jurisdiction of Circuit Courts. 

Sec. 4. That all circuit courts in which rail- 
roads are operated in this State shall have com- 
plete jurisdiction over such offenses. 

Duties of Conductors. 

Sec. 5. The conductors or managers on all 
railroads shall have power, and are hereby re- 
quired, to 'assign to each white or colored passen- 
ger his or her respective car or coach or compart- 
ment, and should any passenger refuse to occupy 
the car, coach or compartment to which he or she 
may be assigned by the conductor or manager, 
said conductor or manager shall have the right 
to refuse to carry such passenger on his train, and 
may put such passenger off of the train. And for 
such refusal and putting off the train neither the 
manager, conductor nor railroad company shall 
be liable for damages in any court. 

Penalty for Violation by Conductors. 

Sec. 6. That any conductor or manager on 
any railroad who shall fail or refuse to carry out 
the provisions of section five of this act shall, 
upon conviction, be fined not less than fifty, nor 
more than one hundred dollars for each offense. 

Exceptions. 

Sec. 7. The provisions of this act shall not apply 
i^ employees of railroads or persons employed as 
nurses or officers in charge oi priaoTiers. 
Approved May 24, 1892;. 



"JIM CROW" CAR LAWS. 21 

(P. 157, Ch. 61.) 

ACT OF 1894. 

An Act to Amend Section Seven of an Act En- 
titled, ''An Act to Regulate the Travel of White 
and Colored Passengers on Railroads of this 
State:' 

Approved May 24, 1892. 

Be it enacted by the General Assembly of the 
Commonwealth of Kentucky: 

(See Acts 1891-2-3, page 64.) 

That section seven, chapter forty, of the Acts 
of the General Assembly, session of one thousand 
eight hundred and ninety-one, ninety-two, ninety- 
three, entitled, "An act to regulate the travel or 
transportation of the white and colored passen- 
gers on the railroads of this State," approved 
May twenty-fourth, one thousand eight hundred 
and ninety-two, be, and the same is hereby, 
amended by adding thereto the following words, 
namely : "Nor shall the same apply to the trans- 
portation of passengers in any caboose car at- 
tached to a freight train," so that said section, 
when amended read as follows, namely: 

Sec. 7. The provisions of this act shall not 
apply to employees of railroads or persons em- 
ployed as nurses, or officers in charge of pris- 
oners ; nor shall the same apply to the transporta- 
tion of passengers in any caboose car attached 
to a freight train. 

Approved March 15, 1894. 



LOUISIANA^ 



(No. 177, P. 220.) 

An act to re-enact Section 3 of Act 111 of 
session of 1890, approved July 10, 1890. 

State of Louisiana. 

1894. 



To amend and re-enact Section 3 of Act 111 of 
the session of 1890, approved July 10, 1890, enti- 
tled An Act to promote the comfort of passen- 
gers on railway trains, requiring all railway com- 
panies carrying passengers on their trains, in this 
State, to provide equal but separate accommoda- 
tions for the white and colored races, by provid- 
ing separate coaches or compartments so as to se- 
cure separate accommodations, defining the duties 
of the officers of such railways; directing them to 
assign passengers to the coaches or compart- 
ments set aside for the use of the race to which 
such passengers belong; authorizing them to re- 
/zise to carry on their train such passengers as 
^a^ reftise to occupy the coaches ot cotYvpaxV' 

(22) 



"JIM CROW'' CAR LAWS. 23 

went to which he or she is assigned; to exoner- 
ate such railway companies from any and all 
hlame or damages that might proceed or result 
from such a refusal; to prescribe penalties for 
all violation of this act; to put this act into effect 
ninety days after its promulgation and to repeal 
all laws or parts of laws contrary to or inconsist- 
ent with the provisions of this act. 

Penalty for Failure by Railway Companies to 
Comply with Section 3 of Act 111 of 1890. 

Section 1. Be it enacted by the General As- 
sembly of the State of Louisana, That Section 
three (3) of act one hundred and eleven (111) 
of the act of 1890 be amended and re-enacted so 
as to read as follows: That all officers and di- 
rectors of railway companies that shall refuse or 
neglect to comply with the provisions and re- 
quirements of this act shall be deemed guilty of 
a misdemeanor and shall upon conviction before 
any court of competent jurisdiction be fined not 
less than one hundred dollars nor more than five 
hundred dollars ; and any conductor or other em- 
ployes of such passenger train, having charge of 
the same, who shall refuse or neglect to carry 
out the provisions of this act shall on conviction 
be fined not less than twenty-five dollars nor more 
than fifty dollars for each offense, all railroad cor- 
porations carrying passengers in this State other 
than street railroads shall keep this law posted 
up in a conspicuous place in each passenger 
coach and ticket office, provided that nothing in 
this act Bhall be construed aa ».^^\yvw^ \i^ tsksk^rr. 
attending' children of the oftver T^e% ox \rrsa«w8C 



''JIM CROW" CAR LAWS. 25 

ACT OF LOUISIANA— 1890. 

AN ACT. 

Railway Companies Required to Furnish Sepa^ 

rate Accommodations for White and Colored 

Persons. 

Section 1. Be it enacted by the General Assem- 
bly of the State of Louisiana, That all railway 
companies carrying passengers in their coaches 
in this State, shall provide equal but separate ac- 
commodations for the white and colored races, 
by providing two or more passenger coaches for 
each passenger train, or by dividing the passen- 
ger coaches by a partition so as to secure separate 
accommodation; provided that this section shall 
not be construed to apply to street railroads. No 
person or persons shall be permitted to occupy 
seats in coaches other than the ones assigned 
to them on account of the race they belong to. 

Duties of Officers of Passenger Trains. 

Sec. 2. Be it further enacted, etc.. That the of- 
ficers of such passenger trains shall have power 
and are hereby required to assign each passenger 
to the coach or compartment used for the race to 
which such passenger belon.cs; any passenger in- 
sisting on going into a coach or compartment to 
which by race he does not belong, shall be liable 
to a fine of twenty-five dollars or in lieu thereof 
to imprisonment for a period of not more than 
twenty days in the parish prison and any officei 
of any railroad insisting oiv a^^V^tvvcv^ ^^^y^i^<sw;j.^SL^ 
to a coach or compartment ot\vet \)c\axv^^ ^^^^^ 



24 THE SEPAKAXK OK 

in duunge of sheriflEs or tiior deputies, or other 

G. W. BOLTON, 
^)eaker of the Hoose of Representatives. 
H. R. LOTT. 
Presidait Pro Tonpore of the Senate. 
Approved Juhr 12, 18»4. 

MTRPHEY J. FOSTER, 
Governor of the State of Louisiana. 
A true copy: 

T. S. ADASia 
Secretary of State* 

(P. 152, No. 111.) 

To promote the comfort of passengers on rail- 
road trains ; requiring all railway companies car- 
rying passengers on their trains, in this state, to 
provide equal but separate accommodations for 
the white and colored races, by providing separ- 
ate coaches or compartments so as to secure 
separate accommodations; defining the duties of 
the officers of such railways; directing them to 
assign passengers to the coaches or compartment 
set aside for the use of the race to which such pas- 
sengers belong; authorizing them to refuse to 
carry on their trains such passengers as may re- 
fuse to occupy the coaches or compartments to 
which he or she is assigned; to exonerate such 
railway companies for any and all blame or dam- 
ages that might proceed or result from such a re- 
fusal; to prescribe penalties for all violations of 
this act; to put this act into effect ninety daj^ 
a/ier its joromulgation, and to repeal all laws or 
parts of laws contrary to or \TVQ,oxv^\s»\fex\X \^ NJwii 

'($ion of this act 



"JIM CROW" CAR LAWS. 25 

ACT OF LOUISIANA— 1890. 

AN ACT. 

Railzcay Companies Required to Furnish Sepa- 

"^CLte Accommodations for White and Colored 

Persons. 

Section 1. Be it enacted by the General Assem- 
^^y of the State of Louisiana, That all railway 
connpanies carrying passengers in their coaches 
^^ tl>is State, shall provide equal but separate ac- 
comxnodations for the white and colored races, 
^y Providing two or more passenger coaches for 
eaelx passenger train, or by dividing the passen- 
^^^ coaches by a partition so as to secure separate 
accommodation; provided that this section shall 
^ot "be construed to apply to street railroads. No 
P^J^Son or persons shall be permitted to occupy 
seats in coaches other than the ones assigned 
to them on account of the race they belong to. 

Duties of Officers of Passenger Trains, 

Sec. 2. Be it further enacted, etc., That the of- 
ficers of such passenger trains shall have power 
an<i are hereby required to assign each passenger 
^ the coach or compartment used for the race to 
which such passenger belongs ; any passenger in- 
^^^ting on going into a coach or compartment to 
T^'^ich by race he does not belong, shall be liable 
^^ St fine of twenty-five dollars or in lieu thereof 
^ iniprisonment for a period of not more than 
^^nty days in the parish prison and qjvy offic^^ 
/>^ any railroad insisting oxv a^^V^vcv^^^^^^^^"^^ 
^^ ^ coach or compartmeut o\Jaex ^^tv"^^ cs^^^^ 



26 THE SEPARATE OR 

aside for the race to which said passenger belongs 
. shall be liable to a fine of twenty-five dollars or in 
lieu thereof imprisonment for a period of not 
more than twenty days in the parish prison; and 
should any passenger refuse to occupy the coadt 
or compartment to which he or she is assig^ 
by the officer of such railway, said officer shall 
have power to refuse to carry such passenger 
his train, and for such refusal neither he nor the 
railway company which he represents shall be 
liable for damages in any of the courts of this 
State. 

Officers and Directors Refusing or Neglecting i» 

Comply with this Act to he Deemed Guilty 

of a Misdemeanor. 

Sec. 3. Be it further enacted, etc., That all 
officers and directors of railway companies that 
shall refuse or neglect to comply with the pro- 
visions and requirements of this act shall be 
deemed guilty of a misdemeanor and shall upon 
conviction before any court of competent juris- 
diction be fined not less than one hundred dollars 
nor more than five hundred dollars; and any con- 
ductor or other employees of such passenger train, 
having charge of the same, who shall refuse or 
neglect to carry out the provisions of this act 
shall on conviction be fined not less than twenty- 
five dollars nor more than fifty dollars for each of- 
fense; all railroad corporations' carrying pas- 
sengers in this State other than street railroads 
shall keep this law posted up in a conspicuous 
place in each passenger coach and ticket office, 
provided that nothing in this act shall be con- 
strued as applying to nurses attending children 
of the other race. 






''JIM CROW" CAE LAWS. 27 

REPEALING CLAUSE. 

3C. 4. Be it further, Resolved, That all laws 
larts of laws contrary to or inconsistent with 
provision of this act be and the same are here- 
repealed, and that this act shall take effect and 
1 full force ninety days after its promulgation, 
►roved July 10th, 1890. 

FRANCIS T. NICHOLIS, 
Governor of the State of Louisiana. 
me copy from the original: 
L. F. MASON, 
Secretary of State. 



MARYLAND. 



(Chapter 109, p. 186.) 

An act to require all railroad companies an 
corporations, and all persons running or open 
ting cars or coaches by steam on any raUroa 
line or track in the State of Maryland, for tJi 
transportation of passengers, to provide separai 
cars or coaches for white and colored passenger^ 
without any difference or discrimination in qm 
ity or of convenience or accommodation in sue 
cars or coaches. 

Railroad Companies to provide Separate Cai 
for the White and Colored Races. 

Section 1. Be it enacted by the General Ai 
sembly of Maryland, That all railroad compani( 
and corporations, and all persons running or o] 
erating cars or coaches by steam on any railroa 
line or track in the State or Maryland, for tli 
transportation of passengers, are hereby require 
to provide separate cars or coaches for the travi 
and transportation of the white and colored pai 
sengers on their respective lines of railroad; an 
each compartment of a car or coach, divided by 
j^ood and substantial paxtitioiv, -^WSv ^ door c 
place of exit from each divis\oTv» ^^\i^ ^^^o; 



CAE LAWS. 29 

a separate car or coach within the meaning of this 
Act, and each separate car, coach or compartment 
shall bear in some conspicuous place appropriate 
words, in plain letters, indicating whether it is 
set apart for white or colored passengers. 

Cannot Discriminate. 

Sec. 2. And be it enacted, That the railroad 
companies and corporations and persons afore- 
said shall make no difference or discrimination 
in quality of or convenience or accommodation in 
the cars, coaches or compartments, set apart for 
white and colored passengers. 

Violation of the Law and Penalty. 

\ See. 3. And be it enacted. That any railroad 
company or corporation or person that shall fail, 
refuse or neglect to comply with the provisions 
I of Section 1 and 2 of this Act shall be deemed 
! guilty of a misdemeanor, and, upon indictment 
I and conviction thereof, shall be fined not less than 
three hundred dollars nor more than one thou- 
sand dollars for each oflfense. 

Rights of Conductors and Managers. 

Sec. 4. And be it enacted. That the conduct- 
ors and managers on all railroads shall give pow- 
er and are hereby required to assign to each 
white or colored passenger his or her respective 
car, coach or compartment, and should any pas- 
senger refuse to occupy the car, coach or com- 
partment to which he or she may be assigned by 
the conductor or managers shall have the right 
to refuse to carry such passenger on his train, 
!a»d may put such paa&exv^T cffi. Xsn.^ 



80 THE SEPARATE OB 

train, and for such refusal or pui 
off the train neither the conductor, 
ager nor railroad company or corporation, (» 
person owning or operating the same shall be lia 
ble for damages in any court; and the passenger! 
refusing to occupy the car, coach or compaitmeo 
to which he or she may be assigned by the aft 
ductor or manager shall be deemed guilty of 
misdemeanor, and, on indictment and convidjfl 
thereof, shall be fined not less than five ddltt 
nor more than fifty dollars, or be confined in ja 
not less than thirty days, or both, in the discn 
tion of the court, for each offense. 

Failure to Perform Duties. 



^ 



Sec. 5. And be it enacted. That any conduc 
or or manager on any railroad who shall fa 
or refuse to perform the duties imposed upon hii 
by Section 4 of this Act shall be deemed guilty 
a misdemeanor, and, upon indictment and con 
viction thereof, shall be fined not less than twen 
ty-five dollars and not more than fifty dollars fol 
each offense. 

Lack of Accommodation. 

Sec. 6. And be it enacted. That when any car, 
coach or compartment for either white or col- 
ored passengers shall be completely filled, whert 
no extra cars or coaches can be obtained, and th 
increased number of passengers could not 
foreseen, the conductor or manager in charge 
such train is hereby authorized to assign ^nd 
apart a portion of the car, coach or compart 
ment assigned to passengers of one color to pas 
sengen oi the other color. 



"JIM CROW" CAR LAWS. 31 

Exceptions. 

Sec. 7. And be it enacted, That the provi- 
jions of this Act shall not apply to employees of 
railroads, or to persons employed as nurses, or 
to officers in charge of prisoners, whether the 
said prisoners are white or colored, or both white 
and colored, or to the prisoners in their custody, 
nor shall the same apply to the transportation of 
passengers in any caboose car attached to a 
freight train, nor to parlor nor sleeping cars, nor 
through express trains that do no local business. 

Sec. 8. And be it enacted. That this Act shall 
take effect from the first day of July, in the year 
of 1904. 

Approved March 17, 1904. 



MISSISSIPPI. 



4059. (3562) Eqvxil hut separate accom\ 
dations for the races (Laws 1904, ch. 99) . — Ev^ 
railroad carrying passengers in this state sh 
provide equal but separate accommodations i 
the white and colored races by providing two 
more passenger cars for each passenger train, 
by dividing the passenger cars by a partition 
secure separate accommodations andthecondiK 
or of such passenger train shall have power, i 
is required, to assign each passenger to the c 
or the compartment of a car, used for the r 
to which such passenger belongs ; and should I 
passenger refuse to occupy the car to which 
or she is assigned by the conductor, the condi 
or shall have power to refuse to carry such pi 
senger on the tgain, and for such refusal neiti 
he nor the railroad company shall be liable : 
damages in any court. (For additional penalt 
see section 1351.) 

1351. (1276). The same; not providing si 
arate cars, etc, — If any persons or corporati 
operating a railroad shall fail to provide two i 
more passenger cars for each passenger train, 
to divide the passenger cars by a partition, to 
cure separate accommodatioi\s for the white i 
colored races, as provided 'by \aLW, at \1 ^tcs t 
road passenger conductor sYvaW 1^1^ \ft ^ 



"JIM CROW" CAB LA-K-S. ZZ 

each passen^r to the car or the c'.ir.^irrr.T::: :: 

the car used for the race :c "^h::h :l-.r ri=5^i.g^t:r 
belongs, he or it shall be g^iilrr :: a r::=irrr.»s'':r. 
and, on conviction, shall ce f.ne-i r.:: 1^=.= :r.£- 
twenty dollars nor more rhai. f-ve hunlrei i: liars. 
(See chapter on "Railrcads." ='r-r::r. 4.55. 

The section, so far as :r £::;:'.:e5 v. ra??-rr.?er5 
traveling wholly wirhin the =:a:'e. := :::.=::rir^:r.- 
al, and does not violate s^z. S. art. 1. :f tiie Vr-it^i 
States Constitution, cor-ferrir-i- cr. C:r.2Te=5 the 
power to regulate comrr.erce her-eer. the state-?. 
Louis\ille R. E. Co. v. State, o6 i::s=.. '-:^2 'o .S:.. 
203). 

This decision was af^rrred bv the Surreme 
Court of the United States. L/iuisTilIe R. R. Co. 
V. Mississippi, 133 U. S.. 557. 

STREET CARS. 

4060. The same: qt/z^UccV.k to r-'>:: 'cM'.rciS 
(Laws 1904, ch. 99,i.— All per=tr.?, ir corpora- 
tions operating railways. carr:.-:r.2' r.a=.=er.^-er5 ir. 
their cars in this state sha'/. r re vide etua! but 
separate accommodatior.s for the 'vhite ar.d col- 
ored races by providing two cr :r.ore cars, or by 
dividing their cars by a partitior. or ad'ustablo 
screen which may be made !r.ovah!e =o £= to allow 
adjustment of the space :r. the car ir. the rr.anr.er 
suited to the requirements of the traffj:. so as to 
secure separate accommodations for the white 
and colored races. Xo person or persons shall 
be permitted to occupy seats in cars or com.part- 
ments other than the ones assis-ned to them^ on ac- 
count of the race to v.hich they belong. 

Signs eight by twelve incne?. Vcv ^Sx^. V'a.NN:^'^. 
thereon the words "white" ar.d **eo\oTe^r X'^^^^'^- 

J 



34 ''JIM CROW" CAR LAWSe 

ively, and supported on the backs of seats in street 
cars, are not "adjustable screens" within the 
meaning of this section. Light & Traction Co. 
V. Compton, 86 Miss., 269 (38 So., 629). 



NORTH CAROLINA. 



REVISED STATUTE OF NORTH CAROLINA. 
VOLUME 1. 

(P. 728 at bottom. 19. Sub Passengers.) 

2618. First cmd second class accommodations. 
All railroad companies shall furnish first and sec- 
ond'cUiss passengers accommodations. 

(1899, c. 384, s. 4.) 

2619. Separate accommodations for different 
races. All railroads and steamboat companies 
engaged as common carriers in the transportation 
of passengersi for hire, other than street railways, 
shall provide separate but equal accommodations 
for the white and colored races at passenger sta- 
tions or waiting rooms, and also on trains and 
steamboats carrying passengers. Such accom- 
modations may be furnished by railroad compa- 

^ nies either by separate passenger cars or by com- 
partments in passenger cars, which shall be pro- 

\ vided by the railroads under the supervision and 
direction of the corporation commission: Pro- 
vided, that this shall not apply to relief trains 
in cases of accident, to Pullman or ale!e.^iu^ cara^ 
^^ through express trains that Ao tvo\, ^\«^ ^ ^^ 
^mlons and are not used ordVivMWj ^^^ Hxw^- 



36 THE SEPARATE OR 

ing from station to station, to Negro servants 
attendance on their employers, to officers 
guards transporting prisoners, not to prison 
so transported. 

2620. Corporation commission may exen 
certain roads and trains. The corporation cc 
mission is hereby authorized to exempt from i 
provisions of the preceeding section steambos 
branch lines and narrow-guage railroads a 
mixed trains carrying both freight and pass 
gers, if in its judgment the enforcement of 
same be unnecessary to secure the comfort 
passengers by reason of the light volume of p 
senger traffic, or the amall number of colored p 
senger travelers on such steamboats, nam 
guage, branch lines or mixed trains. 

(1899, c 384, s. 2; 1901, c. 213.) 

2621. When two races put in same coach 
When any coach or compartment car for eit 
race shall be completely filled at a station wh 
no extra coach or car can be had, and the 
creased number of passengers could not be fc 
seen, the conductor in charge of such train n 
assign and set apart a portion of a car or cc 
partment assigned for passengers of one race 
passengers of the other race. 

(1899, c. 384, s. 3.) 

2622. Penalty for failing to provide separ 
cars. — ^Any railroad company failing to com] 
in ^ood faith with the provisions of the three p 

ceding sections shall be \\ab\e te 2. ^e^^\7g ^1 
hundred dollars per day, to "be xecevN^ \tv « 



OKLAHOMA. 



BE IT ENACTED BY THE PEOPLE OF TH] 
STATE OF OKLAHOMA: 

Section 1. That every railway company, ui 
ban or suburban car company, street car or inter 
urban car or railway company, lessee, manager o 
receiver thereof doing business in this State as 
common carrier of passengers for hire, shall pre 
vide separate coaches or compartments as hereir 
after provided, for the accommodation of th 
white and Negro races, which separate coaches o 
cars shall be equal in all points of comfort an( 
convenience. 

Section 2. Every railway company, street cai 
company, urban, suburban or interurban car com 
pany shall provide for and maintain separate 
waiting rooms at all their passenger depots foi 
the accommodation of the white and Negro races, 
which separate waiting rooms shall be equal 
in all points of comfort and convenience. 
Each waiting-room shall bear in a con- 
spicuous place, words in plain letters indicating 
the race for which it is set apart. It shall be un- 
lawful for any person to use, occupy or remain in 
any waiting-room, toilet-room, or at any water 
^nk in any passenger depot m t\v\a ^\aXfe, ^^ 
^part to a race to whicTci \ie doea xiot \i^OTv.^. 
(38) 



39 

Section 3. The term Negro, as used herein, 
includes every person of African descent, as de- 
fined by the Constitution. 

Section 4. Each compartment of a railway 
coach divided by a good and substantial wooden 
partition with a door therein, shall be deemed a 
separate coach within the meaning of this act, and 
each separate coach shall bear in some conspicu- 
ous place appropriate words in plain letters in- 
dicating the race for which it is set apart; and 
each compartment of an urban or suburban car 
company, interurban car or railway company, or 
street car company, divided by a board or marker, 
placed in a conspicuous place, bearing appropriate 
words in plain letters, indicating the race for 
which it is set apart, shall be sufficient as a separ- 
ate compartment within the meaning of this act. 

Section 5. Any railway company, street car 
company, urban or suburban car company, or in- 
terurban car or railroad company, lessee, man- 
ager or receiver thereof which shall fail to pro- 
vide its cars bearing passengers with separ- 
ate coaches or compartments as above pro- 
vided, or fail to provide and maintain sep- 
arate waiting-rooms as provided herein, 
shall be liable f^r each and every failure 
to a penalty of not less than one hundred 
nor more than one thousand dollars, to be recov- 
ered by suit in the name of the State, in any court 
of competent jurisdiction, and each trip run with 
such railway train, street car, urban, suburban or 
interurban car without such separate coach or 
compartment, shall be deemed a separate offense. 
Section 6. If any passenger upon a railway 

t train, street car, urban, suburbatv ox \\\\feT\«?w«xs. 

/ car provided with separate coaa\v^ ox ^oxk^^js^- 



40 THE SEPARATE OB 

ments, as above provided, shall ride in any coacl 
or compartment not designated for his race, afte: 
having been forbidden to do so by the conducta 
in charge of the train or car, or shall remain ii 
any waiting-room not set apart for the race t( 
which he belongs, he shall be guilty of a misde 
meanor and, upon conviction, shall be fined nol 
less than five nor more than twenty-five dollars 
Should any passenger refuse to occupy the coacli 
or compartment or room to which he or she is as- 
signed by the officer of such railway company, 
said officer shall have power to refuse to carry 
such passenger on his train, and should any pas- 
senger, or any other person not passenger, for the 
purpose of occupying or waiting in such sitting 
or waiting-room not assigned to his or her race, 
enter said room, said agent shall have the power 
and it is made his duty to eject such person from 
such room, and for such act neither they nor the 
railway company which they represent, shall be 
liable for damages in any of the courts of this 
State. 

Section 7. The provisions of this act shall not 
be so construed as to prohibit officers having in 
custody any person or persons, or employes upon 
the trains or cars in the discharge of their duties, 
nor shall it be construed to apply to such freight 
trains as carry passengers in cabooses ; Provided, 
that nothing herein contained shall be construed 
to prevent railway companies in this State from 
hauling sleeping cars, dining or chair cars at- 
tached to their trains, to be used exclusively bj 
either white or Negro passengers, separately, but 
not jointly. 

Section 8. Every railway company carrying 
passengers in this State shaft keep t\Aa\K^ ^^^ 



"JIM CROW" CAR LAWS. 41 

in a conspicuous place in each passenger depot, 
and in each passenger coach provided in this law. 

Section 9. That nothing in this act shall be 
construed to prevent the running of extra or spe- 
cial trains or cars for the exclusive accommoda- 
tion of either white or Negro passengers, if the 
regular trains or cars are operated as required by 
this Act, and upon regular schedule. 

Section 10. Conductors of passenger trains, 
street cars, urban, suburban ©r interurban lines. 
Provided with separate coaches or compartments 
stall have the authority to refuse any passenger 
admittance to any coach or compartment in which 
they are not entitled to ride under the provisions 
Of this Act, and the conductor in charge of the 
"tx^ain, street car, urban, suburban or interurban 
^«r, shall have authority, and it shall be his duty 
to remove from the train, coach, street car, ur- 
Oan, suburban or interurban car any passenger 
^>^ot entitled to ride therein under the provisions of 
"tliis Act ; upon his refusal to do so knowingly shall 
l>e guilty of a misdemeanor, and upon conviction, 
shall be fined in any sum of not less than fifty nor 
^Tiore than five hundred dollars, and the company, 
^^tianager, conductor, agent, receiver or other of- 
ficer shall not be held for damages of any lawful 
t'emoval of a passenger as provided herein. 

Section 11. All fines collected under the pro- 
visions of this law shall go to the available com- 
naon school fund of the county in which convic- 
tion is had. Prosecutions under the provisions of 
this law may be instituted in any court of com- 
petent jurisdiction in any county through or into 
which said railroad, urban, ^\i\i\3Lt\i^\v, \x^jst\i:t 
ban railway may be run or Yvave ^xv o^a^- 



42 "JIM CROW" CAR LAWS. 

Section 12. An emergency exists for the pre 
ervation of the public safety, by reason where 
this Act shall take effect sixty days from and a: 
er its passage and approval. 

George W. Bellamy, 
President of the Senate. 
Wm. H. Murray, 
Speaker of the House. 
Approved December 18, 1907. 
C. N. Haskell, 

Governor of tlje State of Oklahoma. 

(SEAL.) 

Attest: Bill Cross, 

Secretary of State. 
By Leo Meyer, Deputy. 



SOUTH CAROLINA. 



Pp. 828, top. 

CODE OF 1902. VOLUME 1. 

Accommodation for Passengers; Penalty. 
G. S. 1502; rs. 1710; lb. 91. 

Section 2157. Every railroad shall furnish 
reasonable accommodations for the convenience 
and safety of passengers; and for every wilful 
neglect to provide the same shall forfeit not less 
than five nor more than twenty dollars, to be re- 
covered in an action against such corporation. 

This duty extends to "persons who are on the 
premises to welcome the coming or speed the part- 
ing gue&ts."— Izlar v. Ry. Co., 57 S. C, 336; 35 
S. E., 583. 

Passengers on freight assume the incident 
risks.— Steele v. So. Ry. Co., 55 S. C, 389 ; 33 S. 
E., 509. Negligence in requiring passengers to 
change cars. — Olover v. Ry. Co., 55 S. C, 584; 
33 S. E., 584. Dangerous premises. — Izlar v. 
Ry. Co., supra; Johns v. C, C. & k.^-^. ^^.,%^ 
& a, 162; 17 S. E., 698. 



44 THE SEPARATE OR 

1902. 

Railroad Companies to Furnish Separate Coachei 
for Whites axttd Blacks. 

1898, xxii., 777; 1900, iii., 457. 

Sec. 2158. All railroads and railroad compa- 
nies engaged in this State as common carriers of 
passengers for hire shall furnish separate coaches 
for the accommodation of white and colored pas- 
sengers; Provided, Equal accommodationi «shall 
be supplied to all persons, without distinction of 
race, color, or previous condition, in such coaches: 
Provided, further. That all first-class coaches 
shall be provided with a compartment at each 
end of such coaches ; said compartment shall be 
provided with seats for three or more persons; 
on one compartment shall be printed the words, 
"For Females," and on the other, "For Males." 

Equality of accommodations — Smith v. Cham- 
berlain, 38 S. C, 549; 17 S. E., 371. 

Exceptions. — Ih. 

Sec. 2159. The provision of sections 2158 to 
2162 shall not apply to nurses* on trains, nor to 
narrow-gage roads, or branch lines nor roads 
under forty miles in length, or to relief trains in 
case of accident, or to through vestibule trains 
not intended or used for local travel, nor to regu- 
lar freight trains with a passenger coach attached 
ior local travel, nor to officers or guards trans- 

porting prisoners, to prisons ox \uTiSi\ia^ bemig so 

^^^ ^sported. 



"JIM CROW" CAR LAWS. 45 

Penalty for Officer or Employe Violating. — 76. 

Sec. 2160. It shall be unlawful for the of- 
ficers or employes having charge of such railroad 
cars as are provided for by this Chapter to allow 
or permit white and colored passengers to occupy 
the same car except as herein permitted and al- 
lowed. 

When Law May Not Be Observed. — lb. 

Sec. 2161. In case the coach for either white 
or colored passengers should be full of passen- 
gers, and another coach cannot be procured at the 
time, then the conductor in charge of the train 
shall be, and he is hereby, authorized to set apart 
so much of the other coach as may be necessary 
to accommodate the passengers on said train. 

Violations by Railroads, etc., Punished; How. — 76 

Sec. 2162. Should any railroad or railroad 
company, its agents or employes, violate the pro- 
visions of the last four sections, such railroad or 
railroad company shall be liable to a penalty of 
not more than five hundred dollars nor less than 
t three hundred dollars for each violation, to be 

i collected by suit of any citizen of this State, and 
the penalty recovered shall, after paying off prop- 
- er fees and costs, go into the general fund of the 
fe State Treasury. 

Ji 
ri 



/ 



TENNESSEE. 



NON'S ANNOTATED CODE OF 
TENNESSEE, 1896. 

Article 2. — Duties of Passengers. 

Section 3074. Separate coaches or apartment 
for white and colored races. — ^AU Railroads cai 
rying passengers in the State (other than Stree 
Railroads) shall provide equal but separate ac 
commodation for the white and colored races, b 
providing two or more passenger cars for eac 
passenger train or by dividing the passenger car 
by a partition, so as to secure separate accommc 
dation ; but any person may be permitted to tak 
a nurse in the car or compartment set aside fo 
such persons. 

This law shall not apply to mixed and freigh 
trains which carry one passenger or combinatioi 
passenger and baggage car, but in such cases th 
one passenger car so carried shall always be pai 
titioned into apartments, one apartment for th 
white, and one for the colored. 

(Act 1891. Ch. 52, Sec. 1.) 
Section 3075. Conductors must separate pas 
*9en{/ers. — The conductors of sucYvpa^^eti^^ttt^va 
shall have T>oweT and are here\)y x^cvvxVt^ \o ^ 

(46) 



"JIM CROW" CAR LAWS. 47 

sign to the car or compartments of the car, when 
it is divided by a partition, used for the race to 
which such passengers belong, and should any 
passengers refuse to occupy the car to which he 
or she is assigned by the conductor, said con- 
ductor shall have power to refuse to carry such 
passenger on his train; and, for such refusal, 
neither he nor the railroad company shall be li- 
able for any damages in any court of this State. 
(Lb. Sec. 2.) 

Section 3076. Failure of Companies and 
Condtcctors to Comply — Penalties. All rail- 
road companies that shall fail, refuse or 
neglect to comply with the requirements of 
Section 3074 shall be deemed guilty of a misde- 
meaner, and, upon a conviction in a court of com- 
petent jurisdiction, be fined not less than one 
hundred nor more than five hundred dollars ; and 
any conductor that shall fail, neglect, or refuse 
toi carry out the provisions of this law shall, upon 
iBcmviction, be fined not less than twenty-five nor 
more than fifty dollars for each offense. (Lib. 
Sec 3.) Sections 3074-3076 repeal by implica- 
tion sections. Sections 2364—2367, of the Mile- 
ten and Vertrees Code. 

ACTS OF TENNESSEE— CHAPTER 150. 

No. 87. — Am act to promote the comfort of pub- 
travel by providing for and securing the aep- 
of white and colored passengers on street 

Section 1. Be it enacted by the General As- 
ibly of the State of Tennessee, That ail ^^x- 
? I, companies, or corporations opet^\AT\% Ms?a 
' ft car line or lines in the State ot T««xv^sa!^^' 



48 THE SEPARATE OR 

be, and the same are hereby, required, where white 
and colored passengers are carried or transport!^ 
in the same car or cars, to set apart and designate 
in each car or coach so operated for both a por- 
tion thereof or certain seats therein to be occupied 
by white passengers, and a portion thereof 
or certain seats therein to be occupied by col- 
ored passengers; Provided, that nothing in 
this act shall be construed to apply to nurses at- 
tending children or other helpless persons of the 
other race; Provided, that large printed or painted 
signs shall be kept in a conspicuous place in the 
cars, or the parts thereof set apart or designated 
for the different races, on which shall be printed 
or painted, if set apart or designated for the 
white people, and it being a car so designated or 
set apart, "This car for white people/' If a part 
of a car is so designated, then this sign, "This 
part of the car for white people." If set apart 
or designated for the colored race, then this sign 
to be displayed in a conspicuous place as follows: 
"This car for the colored race." If any part of 
a car is set apart or designated for said race, then 
this sign: "This part of the car for the colored 
race." 

Sec. 2. Be it further enacted. That the conductor 
or other person in charge of any car or coach so 
operated upon any street car line shall have the 
right at any time, when in his judgment it may 
be necessary or proper for the comfort or conve- 
nience of passengers so to do, to change the said 
designation so as to increase or decrease the 
amount of space or seats set apart for either race, 
or he may require any passenger to change his 
seat when or so often as the cVvaTvse\Ti\Jj\fe^^^^ti- 
^ers may make such change ivecesa^rj- 



"JIM CROW'' CAR LAWS. 49 

Sec. 3. Be it further enacted, That all passen- 
gers on any street car line shall be required to 
take the seats assigned to them, and any person 
refusing to do so shall leave the car or remaining 
upon the car shall be guilty of a misdemeanor, 
and upon conviction shall be fined in any sum 
not to exceed twenty-five dollars; Provided, no 
conductor shall assign any person or passenger 
to a seat except those designated or set apart for 
the race to which said passenger belongs. 

Sec. 4. Be it further enacted. That any per- 
son, company, or corporation failing to set apart 
for the separate accommodation of the white and 
colored passengers, as provided by this Act, shall 
be guilty of a misdemeanor and upon conviction 
shall be fined in any sum not to exceed twenty-five 
dollars. 

Sec. 5. Be it enacted, That nothing in this Act 
shall be construed to prevent the running of ex- 
tra or special cars for the exclusive accommo- 
dation of either white or colored passengers if the 
regular cars are operated as required by this Act. 

Sec. 6. Be it further enacted. That this Act 
shall take effect ninety days from and after its 
passage, the public welfare requiring it. Passed 
March 30, 1905. 

J. J. BEAM, 
Speaker pro tern, of the House of Representatives. 
E. RICE, 

Speaker of the Senate. 

Approved April 4, 1905. 

JOHN I. COX, Governor. 



TEXAS- 



TEXAS— ACT OF 1889. 

Page 132. Ch. 108.— (H. S. S. B. No. 18.) 

An act to authorize railroad companies in this 
state to provide separate coaches for white and 
colored passengers. 

Section 1. Be it enacted by the Legislature of 
the State of Texas : That after the taking effect 
of this act all railroad companies in this state who 
are common carriers of passengers for hire, 
whose trains are propelled by steam, are author- 
ized and empowered to make provisions to trans- 
port passengers of different colors in separate 
coaches on such trains on such portions of their 
road or roads as may be deemed necessary or 
proper. 

Sec. 2. Said separate coaches shall be of equal 
character as to comfort, etc., and shall be desig- 
nated by appropriate words and letters indicating 
the character of the coach. 

Sec. 3. The words "different colors," as used 
in Section 1 of this Article, refer to what are com- 
monly known as white people and colored people 

of African descent 
rso) 



"JIM CROW" CAR LAWS. 51 

Sec. 4. It shall be deemed a separate coach 
within the meaning of this Article to divide the 
coach equally hy a substantial partition with a 
door in same, one division of which shall be used 
exclusively for colored passengers and the other 
for white passengers. 

Sec. 5. If any passenger upon a train provided 
with separate coaches for colored passengers 
shall ride or attempt to ride in a coach or division 
of same not designated for his or her color, after 
having been forbidden to do so by the employe 
of the railroad in charge of the train, he shall be 
guilty of a misdemeanor and punished by a fine of 
not less than five nor more than twenty dollars: 
Provided, That the railway companies shall have 
the right to regulate and control the travel on all 
other coaches in each of their said trains except 
the two coaches or double coach, as the case may 
be, provided for in this act. 

Sec. 6. Conductors of passenger trains in this 
state have power while on their respective trains 
to enforce the provisions of this act in reference 
to the separation of passengers of, different colors. 

The near approach of the close of the session 
is such an imperative public necessity as justifies 
the suspension of the constitutional rule requiring 
this bill to be read on three several days, and said 
rule is hereby suspended. 

(Note. — The foregoing act originated in the 
house, and passed the same March 28, 1889; and 
passed the senate April 5, 1889, by a vote of 25 
yeas, 1 nay.) 

(Note. — The foregoing act was presented to 
the governor of Texas for his approval on the 
sixth day of April, A. D. ISS^, «tv8L^^^\s5^\.'^'5P^s*^ 



52 THE SEPARATE OR 

by him nor returned to the house in which it 
originated with his objections thereto within the 
time prescribed by the constitution, and there- 
upon became a law without his signature. — J. M. 
Moore, Secretary of State.) 

ACT OF TEXAS, 1891. 

P. 44, Ch. 41.— (S. B. No. 97.) Aw act to re- 
qiare railroad companies in this State to provide 
separate coaches for white and Negro passengers, 
and to prohibit passengers from riding in coaches 
other than those set apart for their race, and to 
confer powers upon conductors and to provide 
penalties for the violation of this act 

Section 1. Be it enacted by the Legislature of 
the State of Texas.: That every railroad company, 
lessee, manager or receiver thereof, doing busi- 
ness in this state as common carriers of passen- 
gers for hire shall provide separate coaches for 
the accommodation of white and Negro passen- 
gers which separate coaches shall be equal in all 
points of comfort and convenience. 

Sec. 2. That the term Negro as used herein in- 
cludes every person of African descent as defined 
by the statutes of this state. 

Sec. 3. Each compartment of a coach divided 
by a good and substantial wooden partition with 
a door therein shall be deemed a separate coach 
within the meaning of this act, and each separate 
coach shall bear in some conspicuous place ap- 
propriate words in plain letters indicating the 
race for which it is set apart. 

Sec. 4. Any railroad company, lessee, manager 

or receiver thereof which shall fail to provide its 

^ carrying passengers, ^\)cv ^^acate 



''JIM CROW" CAR LAWS. 53 

coaches as above provided for, shall be liable ior 
each and every such failure to a penalty not less 
than one hundred nor more than one thousand 
dollars to be recovered by suit in the name of the 
State in any court of competent jurisdiction. And 
each trip run with any such train without such sep- 
arate coaches shall be deemed a separate offense. 

Sec. 5. If any passenger upon a train provided 
with separate coaches shall ride in any coach not 
designated for his race, after having been for- 
bidden to do so by the conductor in charge of the 
train, he shall be guilty of a misdemeanor and 
upon conviction shall be fined not less than five 
nor more than twenty-five dollars. 

Sec. 6. The provisions of this act shall not be 
so construed as to prohibit nurses from traveling 
in the same coach with employers or employee? 
upon the train in discharge of their duties; nor 
shall it be construed to apply to such freight trains 
as may carry passengers in cabooses, neither shall 
it apply to street railway cars; provided, that 
nothing herein contained shall be construed to 
prevent railroad companies in this state from 
hauling sleeping cars or chair cars attached to 
their trains to be used exclusively by either white 
or Negro passengers separately but not jointly. 

Sec. 7. Every railroad company carrying 
passengers in this state shall keep this law posted 
in conspicuous place in each passenger depot, and 
in each passenger coach, provided for in this act. 

Sec. 8. The provisions of this act shall not ap- 
ply to any excursion train run strictly as such for 
the benefit of either race. 

Sec. 9. Conductors of passenger trains i^ro- 
vided with separate coaches sYv33\\vaN%\Jcv^'a»i^^st- 



54 "JIM CROW" CAR LAWS. 

ity to refuse any passenger admittance to 
any coach in which he is not entitled to ride 
under the provision of this act, and the conductor 
in charge of the train shall have the author- 
ity, and it shall be his duty to remove from a 
coach any passenger not entitled to ride therein 
under the provisions of this act. And upon his 
failure or refusal to do so, shall be guilty of a 
misdemeanor, and upon conviction shall be fined 
in any sum not less than five and not more than 
twenty-five dollars. 

Sec. ID. An fines collected under the provision 
of this act shall go to the available common school 
fund of the county in which the conviction is had. 
Prosecutions under the provisions* of this act may 
be instituted in any court of competent jurisdic- 
tion in any county through or into which said 
railroad may be run or have an oflice. 

Sec. 11. All laws and parts of laws in conflict 
herewith are hereby repealed. 



VIRGINIA, 



THE STATE OF VIRGINIA— 1899-1900. 

Page 236, Ch. 226. — An act to require the raU- 
roods to provide separate cars for white and col- 
ored passengers, approved Jan. 3, 1900. 

Section 1. Be it enacted by the general assembly 
of Virginia, That all railroad companies or cor- 
porations, person or persons running or operating 
cars or coaches by steam on any railroad line or 
track within this state and all railroad companies, 
person or persons doing business in this state, 
whether upon the lines of railroad owned in part 
or whole, or leased by lines that may hereafter 
be granted in this state, and all foreign corpora- 
tions, companies; person or persons organized un- 
der charters granted or that may hereafter be 
granted by any other state who may be now or 
iray hereafter be engaged in running or oper- 
ating any of the railroads of this state, either in 
part or whole, either in their own name or that 
of others, are hereby required to furnish separate 
coaches or cars for the travel or transportation 
of the white and colored passengers on their re- 
SDective lines of railroad. Each compartment 
of a coach divided by a good and substantial par- 
tition with a door therein, shall be deemed a sep- 
arate coach within the meamiv^f ol ^Jkvs. ^^^ ^isA 



56 THE SEPARATE OR 

each separate coach and compartment shall bear 
in some conspicuous place appropriate words in 
plain letters indicating the race for which it is 
set apart. 

Sec. 2. Be it further enacted, That the rail- 
road companies, person, or persons shall make no 
difference or discrimination in the quality, con- 
venience or accommodation in the cars or coaches 
or partitions set apart for white and colored 
passengers. 

Sec. 3. Be it further enacted. That any rail- 
road company or companies that shall fail, refuse, 
or neglect to comply with the provisions of sec- 
tions one and two of this act shall be deemed guil- 
ty of a misdemeanor, and upon indictment and 
conviction thereof, shall be fined not less than 
three hundred nor more than one thousand dol- 
lars for each offense. 

Sec. 4. Be it further enacted. That all county 
courts in whose counties railroads are operating 
and corporations courts of cities shall have com- 
plete jurisdiction over such offenses. 

Sec. 5. Be it further enacted. That the con- 
ductors or managers on all railroads shall have 
power, and are hereby required, to assign to each 
white or colored passenger his or her respective 
car, coach or compartment and should any 
passenger refuse to occupy the car, coach or 
compartment to which he or she may be as- 
signed by the conductor or manager, said con- 
ductor or manager shall have the right to re- 
fuse to carry such passenger on his train and 
may put such passenger off of the train. And for 
such refusal and putting off of the train, neither 
the manager, conductor, nor railroad company 
shall be liable for damages in any court. 



"JIM CROW'' CAR LAWS. 57 

Sec. 6. Be in further enacted, That any con- 
ductor or manager on any railroad who shall fail 
or "refuse to carry out the provisions of section 
five of this act shall be deemed guilty of a mis- 
demeanor, and upon indictment and conviction 
thereof, shall be fined not less than twenty-five nor 
more than fifty dollars for each oflfense. 

Sec. 7. Be it further enacted, That when any 
coach or compartment of a car for either race shall 
be completely filled, where no extra coaches or cars 
can be had and the increased number of passen- 
gers could not be foreseen, the conductor in 
charge of such train is hereby authorized to as- 
sign and set apart a portion of the car or com- 
partment assigned to passengers of one race to 
passengers of another race. 

Sec. 8. Be it further enacted. That the pro- 
visions of this act shall not apply to employees on 
railroads, or persons employed as nurses, or offi- 
cers in charge of prisoners, nor shall the same 
apply to the transportation of passengers in any 
caboose car attached to a freight train, nor to 
Pullman cars, nor through or express trains that 
do no local business. 

Sec. 9. This act shall be in force from July 
first, nineteen hundred. 



REPORT AND ORDER OF THE INTER- 
STATE COMMERCE COMMISSION, 



No. 1001. 
NASHVILLE, CHATTANOOGA & ST. LOUIS RAILWAY 
COMPANY, OPERATING THE WESTERN & ATLAN- 
TIC RAILROAD. 



Submitted June 11, 1907. Decided June 24, 1907. 

C. W, Robinson and W, A. Schoolfleld for complainant. 

John Tye for defendant. 

Report and Ordeb of the Commission. 

1. Carriers may not discriminate between white and colored passen- 

gers paying the same fare In the accommodations which they 
furnish to each. 

2. Segregation of white and colored passengers on interstate jour- 

neys is a reasonable regulation of interstate traflftc and permis- 
sible under the act to regulate commerce. 

3. Where a carrier provides facilities for personal cleanliness In first- 

class coaches devoted to the use of white passengers^ and a sep- 
arate smoking compartment for the use of such passengers 
also, similar accommodations should be provided for colored 
passengers paying first-class fare. 

Lane, Commissioner: 

Complainant is a woman of the Negro race and resides 
at Chattanooga, Tenn. Defendant operates a line of rail- 
way extending from Nashville, Tenn., through Chattanooga 
/^ Atlanta, Ga. The portion of the line between Chatta- 

rssj 



INTERSTATE COMMERCE COMMISSION. 59 

nooga and Atlanta is known as the Western & Atlantic 
Railroad. 

The matter for determination in this case is whether 
the defendant in the facilities furnished by it in connec- 
tion with the transportation of passengers unduly discrim- 
inates between Negroes and those belonging to other races. 
On August 31, 1906, the complainant purchased a 
ticket entitling her to first-class passage from Chattanooga 
to Dalton, Ga, over defendant's said line of railway. She 
then entered and occupied a seat in a car assigned to the 
use of passengers other than Negroes, whereupon she was 
informed by defendant's flagman that she was in the wrong 
car and was requested to go forward to that portion of 
another car set apart by defendant for the use of people 
of her race. This she refused to do, however, whereupon 
the flagman notified defendant's assistant station agent 
of the circumstance and the latter removed the defendant 
to the compartment in the car last referred to, using only 
such force as was necessary for that purpose. Complain- 
ant claims the car into which she was removed was very 
dirty and not as clean as the car first occupied by her, but 
this claim is not supported by the record. 

The train in question was defendant's No. 93, which 
leaves Chattanooga at 6:36 a. m. and arrives in Dalton at 
7:38 a m. The distance from Chattanooga to Dalton is 
38 miles. This train started from Nashville, 151 miles 
northwesterly of Chattanooga, and before it left Nash- 
ville all the cars in the train were thoroughly cleaned 
inside. They were again cleaned to some extent at Chatta- 
nooga These two cars are of the same quality, having 
seats of the same size, upholstered in a like manner, and 
with exactly the same quality of goods. One of them is 
used by white passengers, and is provided with towels and 
washbowls, while the other is without such conveniences. 
The latter is constructed as follows: A partition placed in 
the middle of the car divides it mlo \7no ^i^\xi^^\\x£s&\&s» 
and entrance from one to the other ia \}[iYO\3i^ ^ ^^Ns^^'^^ccl^ 



60 REPORT AND ORDER OP THE 

door which, after being opened, closes automatically. Ne- 
gro passengers are required to occupy one of these com- 
partments, while the other is occupied by other passen- 
gers who wish to smoke. 

In one end of the other passenger coach there is a 
compartment for smokers which will seat seven persons, 
but defendant does not provide any separate smoking com- 
partment for Negroes. It is also true that while only one 
toilet is provided in the Negro compartment, the car which 
is entirely used by other passengers has two, marked in 
such a way as to indicate that one is to be used by men 
and the other by women; but such restriction is only 
partially enforced. The principal reason for providing 
two toilets in one case and only one in the other is that 
the number of passengers carried in the Negro compart- 
ment is very much les^ than the number contemporane- 
ously transported in the other car. Defendant assigns to 
the use of the Negro passengers about one-sixth of the space 
in its passenger trains occupied by all passengers, while 
the number of Negroes transported by defendant is only 
about one-fifteenth of the total. 

When there are no women in the colored compartment, 
smoking there is allowed, but not otherwise. It some- 
times happens that a car provided by defendant for the 
use of white passengers has no wash basin and only one 
toilet, no smoking compartment, and smoking is allowed 
in such cars if there are no women present. 

On the whole defendant's Nashville- Atlanta passenger 
trains are among the best in the country so far as equip- 
ment is concerned. The cars are manufactured by the 
Pullman Company and provided with vestibules. The coat 
of the car allotted to Negroes was in the neighborhood of 
$8,100, while that of other passenger coach in defendant's 
No. 93 train was about $8,800. The expense of the small 
-smoking compartment in the latter accounts for nearly 
all the difference in cost between the two cars. 
The broad question of the T\g\i\, xm^et \Xift ^VcVAoath 



INTERSTATE COMMERCE COMMISSION. 61 

nd fourteenth amendments of the Constitution to segre- 
ate white and colored passengers has been upheld by the 
lupreme Court of the United States. Hall v. De Cuir, 95 
J. S., 485; L. N. 0. & T. Ry, v. Mississippi, 133 U. S., 587; 
nessy V. Ferguson, 163 U. S., 537; C. & 0. Ry, v. Kentucky, 
.79 U. S., 388. 

Accepting these decisions as conclusive upon the con- 
ititutionality of such laws, we turn to the consideration 
)f the reasonableness of such a rule when imposed by the 
jarrier; and this we find to have been passed upon by this 
[Commission within a few nionths of its organization in the 
;ase of Councill v. Western & Atlantic Railroad Company, 
Nhich. was decided December 3, 1887. Mr. Commissioner 
Vlorrison, speaking for the unanimous Commission, therein 
aiid: "Public sentiment, wherever the colored population 
is large, sanctions and requires this separation of races, 
md this was recognized by counsel representing both com- 
plainant and defendant at the hearing. We can not, there- 
fore, say that there is any undue prejudice or unjustioe pref- 
erence in recognizing and acting upon this general sen- 
timent, provided it is done on fair and equal terms. This 
reparation may be carried out on railroad trains without 
disadvantage to either race and with increased comfort 
to both." (1 I. C. C, 346.) 

Again in Heard v. Georgia Railroad Company, decided 
February 15, 1888, 1 I. C. C, 428, Mr. Commissioner Schoon- 
maker held for the Commission that the separation of white 
and colored passengers paying the same fare is not un- 
lawful if cars and accommodations equal in all respects 
are furnished to both and the same care and protection 
of passengera are observed. 

While, therefore, the reasonableness of such regulation 
as to interstate passenger traffic is established, it by no 
means follows that carriers may discriminate between white 
and colored passengers in the accommodations which they 
furnish to each. If a railroad provides certain facilities 
md accommodations for flrBt-claaa ipaaafeTi«»«t5^ oR. "Cwb -^tC^^^fe 



62 INTERSTATE COMMERCE COMMISSION. 

race, it is commanded by the law that like accommodations 
shall be provided for colored passengers of the same class. 
The principle that must govern is thaj carriers must serve 
equally well all passengers, whether white or colored, pay- 
ing the same fare. Failure to do this is discrimination 
and subjects the passenger to "undue and unreasonable 
prejudice and disadvantage." 

In this case it is manifest from the facts as stated that 
defendant has unduly and unjustly discriminated in some 
particulars against colored passengers; and it will be or- 
dered, therefore, that where the defendant carrier provides 
a washbowl and towels in coaches devoted to the use of 
white passengers and a separate smoking compartment 
for such passengers also, that similar accommodations shall 
be provided for colored passengers paying first-class fare. 

Obdeb. 

Upon the foregoing report — 

It is ordered, That the defendant, the Nashville, Chatta- 
nooga & St. Liouis Railway Company, operating the Western 
& Atlantic Railroad, be, and it is hereby, notified and re- 
quired, on or before the 1st day of October, 1907, to cease 
and desist, and during a period of at least two years there- 
after abstain, from failing to furnish and provide on said 
railroad a washbowl and towels and a separate smoking 
compartment for colored passengers, where the same ac- 
commodations are provided for white passengers paying 
the same fare; and to furnish and provide on or before 
said 1st day of October, 1907, and during a period of at 
least two years thereafter supply washbowl and towels and 
a separate smoking compartment on said railroad for 
colored passengers paying first-class fare, where the same 
accommodations are provided for white passengers paying 
first-class fare. 



INDEX TO SECTIONS. 



ALABAMA. 

Section 5487. Separate Coaches for Whites and 
Blackis 7 

Section 5488. Conductor Must Assign EJach Passen- 
ger a Seat in the Car Designated for His Color 7 

Section 7684. Passenger on Railroad Riding in Coach 
not Designated for His Color 8 

ARKANSAS. 

An Act to Promote the Comfort of Passengers on Rail- 
ways and Other Purposes 9-11 

An Act to Amend Section 1 of an Act to Promote the 
Comfort of Passengers on Railways and Other Pur- 
poses 11, 12 

Section 521. Civil Rights 12 

FLORIDA. 

Section 286(0. First-class Tickets and Accommoda- 
tions for Negro Persons .14, 15 

Section 3631. Conductors, etc., Violating Regulations ... 15 
Section 3632. Not Providing Separate Cars for White 
and Negro Persons 15 

GEORGIA. 

Section 2268. Railroads Must Accommodate All Alike. .16 
Section 2269. EJqual Accommodations in Separate Cars. 16 
Section 2270. Must Assign Passengers to Their Cars 16, 17 

Section 2271. Penalty for Remaining in Car 17 

Section 2272. Where Car Is Divided into Compart 
ments "^ 



f 



64 INDEX TO SECTIONS. 

Section 2273. White and Colored Passengers to Oc- 
cupy Different Cars 1 

Section 2274. Not Applicable to Nurses 1 

KENTUCKY. 

Railroad Companies to Furnish Separate Coaches for 
Wlhite and Colored Passengers 18, 1 

No Discrimination in Coaches, etc.; Penalties 1 

Jurisdiction of Circuit Courts; Duties of Conductors; 
Penalty for Violation by Conductors; Exceptions 2 

Act of 1894 2 

LOUISIANA. 

An Act to Re-E5nact Section 3 of Act 111 of 1890 22. 2k 

Penalty for Failure by Railway Companies to Comply ■ 

with Section 3 of Act 111 of 1890 23, 2'i 

To Promote the Comfort of Passengers on Railroad i; 

Trains 2 ; 

Act of Louisiana — 1890; Railway Companies Required 

to Furnish Separate Accommodations, etc.; Duties 5 

of Oflacers of Passenger Trains 25, 2j 

Oflftcers and Directors Refusing or Neglecting to Com- ,^ 

ply with this Act, etc 2 

Repealing Clause 2 

MARYLAND. ] 

An Act to Require All Railroad Companies and Cor- j 
porations, etc.; Railroad Companies to Provide Sep- ^i 
arate Cars, etc 28, 2!j, 

Cannot Discriminate; Violation of the Law and Pen- 1 
alty;Rights of Conductors and Managers 29, 3 

Failure to Perform Duties; Lack of Accommodation ... 3 

Exceptions 3 

MISSISSIPPI. : 

Section 4059. Equal but Separate Accommodations 
for the Races 3; 

Section The Same; Not Providing Separate Cars, = 
etc 32, 3 

Street Cars 33, 3 

NORTH CAROLINA. 

Section 2618. First and Second-Class Accommoda- 
tJons ^ 



INDEX TO SECTIONS. 65 

Section 2619. Separate Accommodations for Different 
Races 35, 36 

Section 2620. Corporation Commission May Exempt 
Certain Roads and Trains * 36 

Section 2621. When Two Races Put in Same Coach 36 

Section 2622. Penalty for Failing to Provide Separ- 
ate Cars 36, 37 

OKLAHOMA. 

Section 1. Separate Coaches or Compartments for the 

Races 38 

Section 2. Separate Waiting-Rooms 38 

Section 3. The Term Negro 39 

Section 4. Meaning of Compartment or Coach 39 

Section 5. Penalty for Failure to Comply on Part of 

Companies 39 

Section 6. Penalty for Failure to Comply on Part of 

Pansen^ers 39, 40 

Section 7. Does not Apply to Officers with Prisoners. .40 
Section 8. Law Shall Be Posted in Conspicuous 

Place 40, 41 

Section 9. Running of Specikl or Extra Trains 41 

Section 10. Penalty for Failure of Conductors or 

Agents to Comply 41 

Section 11. Jurisdiction of Courts 41 

Section 12. EJmergency for Act 42 

SOUTH CAROLINA. 

Accommodation for Passengers ; Penalty 43 

Railroad Companies to Furnish Separate Coaches for 

Whites and Blacks ; Exceptions 44 

Penalty for Officer or Employe Violating; When Law 
May Not Be Observed; Violations by Railroads, etc., 
Punished ; How 45 

TENNESSEE. 

Section 3074. Separate Coaches or Apartments for 

White and Colored Races 46 

Section 3075. Conductors Must Separate Passen- 
gers ^^ - '^ 

Section r.076. Failure of CompauVe^ ^.x^^ Cwve^x^^vs^'^ \» ^, 

Comply; Penalties 1 ■ kvc^a^v 

Section 1 (Act. No. 87). T^eaVgn^iVeeL P«-^'^'3» . , . .^ 

Cars for Colored and White Rac^s*. ... - * 



66 INPEX TO SECTIONS. 

Section 2. Power of Conductors in Charge of Street 
Cars .48, 49 

Section 3. Passengers on Street Cars Required to 
Take Seats Assigned to Them 49 

Section 4. "Penalty for Failure of Company or Corpor- 
ation to Set Apart Separate Accommodations for 
Colored and White Races . 49 

Section 5. Provision for Extra or Special Cars 49 

TEXAS. 

Section 1. Railroad Companies Must Transport Pas- 
sengers of Different Colors in Separate Coaches 50 

Section 2. Coaches Shall Be of Equal Character of 

Comfort 50 

Section 3. The Words "Different Colors" 50 

Section 4. Definition of Separate Coach 51 

Section 5. Penalty for Riding in Any Car or Compart- 
ment Designated for the Other Race 51 

Section 6. Power of Conductors on Passenger Trains.. 51 
Section 1. (Act No. 97). Separate Accommodations for 

Colored and White Passengers 52 

Section 2. The Term Negro 52 

Section 3. The Meaning of Compartment .\52 

Section 4. Penalty for Failure of Any Railroad Com- 
pany to Provide Separate Coaches for the Colored 

and White Races 52, 53 

Section 5. Penalty for Passenger to Ride in Coach or 

Compartment Forbidden Him or Her 53 

Section 6. Persons and Things That are Exempted 

from Provisions of This Act 53 

Section 7. This Law Shall Be Posted in Conspicuous 

Place in Depots and Coaches 53 

Section 8. This Law Shall Not Apply to Any Excur- 
sion Train Exclusive for Either Race 53 

Section 9. Conductors' Authority 53, 54 

Section 10. Fines Collected Under This Act Go to 
Common School Fund of County 54 

VIRGINIA. 

Section 1, Separate Coaches or Cars for White and 

Colored Passengers 55, 56 

Section 2. No Difference or DlscTlrnVTiatVoTi Vn QxjaWe^ 

, of Accommodation -^^ 

^^Jon 3, Penalty for Railroad Com^nVea ^ol \» 
"comply ^i^j^ Provisions of ttie Act -^ 



INDEX TO SECTIONS. 



67 



Section 4. Jurisdiction of Courts 56 

Section 5. Power of Conductors 56 

Section 6. What Constitutes a Misdemeanor for Con- 
ductor or Railroad to Fail to Carry out Section 5 of 

This Act 57 

Section 7. Conductors are Empowered to Change 

Passenfi:ers 57 

Section 8. Persons . and Things that Do Not Come 
Within Meaning of This Act 57 



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